Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47666 of 2021 Applicant :- Barf Singh Kabootra Opposite Party :- State of U.P.
Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.109 of 2021, under Section 272 I.P.C. and Section 60(1) of Excise Act, Police Station- Sipri Bazar, District- Jhansi.
Learned counsel for the applicant submitted that according to the prosecution version the police party raided the place identified by the informer from where 40 liter adulterated illicit liquor, 10 liter country made liquor, 6 kg. Urea and equipment used for manufacturing of illicit liquor alleged to have been recovered. The applicant has not been arrested on the spot and it is alleged that he has fled away from the spot. It is further contended that the applicant is innocent and has been falsely implicated. Nothing has been recovered from his possession and there is no independent witness of the recovery. Learned counsel for the applicant further contended that the applicant has no previous criminal history. The applicant who is in jail since 08.09.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. submitted that report of Forensic Lab has been received which confirmed that recovered liquor is adulterated with Urea. On this ground, learned A.G.A. opposed the bail application.
Accused has not been arrested on the spot. Considering the rival contentions of the parties, nature and allegations made in the F.I.R., severity of punishment and all attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Barf Singh Kabootra involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.12.2021 Krishna*